News- On January 10, the Supreme Court (SC), in State of Uttar Pradesh vs Anurudh & Anr., formally acknowledged the growing misuse of the POCSO Act, 2012 in cases involving consensual romantic relationships between adolescents, where one party is a minor. The Court urged the Union government to consider corrective measures to prevent the harsh application of POCSO in genuine adolescent relationships. This judgment has revived the national debate on the age of consent in India.
What is the Legal Framework Governing Age of Consent in India?
Current Position
- The age of consent in India is 18 years, as set by the gender-neutral POCSO Act, 2012.
- Anyone below 18 is legally classified as a “child”, rendering their consent to sexual activity legally irrelevant.
- Sexual activity involving a minor is treated as statutory rape, irrespective of consent.
- Section 19 of POCSO mandates compulsory reporting of suspected or known offences.
Integration with Criminal Law
- The Criminal Law (Amendment) Act, 2013 amended Section 375 IPC, raising the age of consent from 16 to 18, aligning it with POCSO.
- The Bharatiya Nyaya Sanhita (BNS), 2023, retained this position: Section 63 defines rape to include sexual acts with a woman under 18, with or without consent.
What are the arguments for Revisiting the Age of Consent?
- Rise in Consensual Relationship- There has been a significant rise in POCSO cases involving adolescents aged 16–18, where girls often testify that the relationship was consensual.
- Lowering age of sexual experience- According to the NHFS-4 data, 11% of girls had their first sexual experience before age 15. 39% of girls had their first sexual experience before age 18.
- Rise in false POCSO Cases- According to the Enfold Study (2016–2020) of 7,064 POCSO judgments, 24.3% involved romantic relationships. In 82% of such cases, victims refused to testify against the accused.
- Lack of acknowledgement of sexual autonomy- The law fails to acknowledge adolescent sexual autonomy among 16–18-year-olds capable of informed consent.
- Misuse of the intent of the law- POCSO was intended to combat sexual abuse, not criminalise consensual adolescent romance. Blanket criminalisation leads to misuse by disapproving parents, clogging courts and harming adolescents.
- Does not align with Developed countries Standard- Many Western democracies (e.g., U.K., Canada, EU countries) set the age of consent at 16, with safeguards such as ‘close-in-age’ or ‘Romeo–Juliet’ exemptions.
What are the arguments Against Lowering the Age of Consent?
- Increase in exploitation- A lower age risks weakening deterrence, facilitating trafficking, grooming, and exploitation under the guise of consent.
- Present laws provide clear criterion- The current “bright-line rule” under POCSO and BNS provides a clear, objective standard, avoiding subjective assessments of maturity or willingness.
- Lack of emotional independence- Children often lack the emotional independence to resist coercion or report abuse, making consent illusory. Child abuse often involves persons in positions of trust: A 2007 Ministry of Women and Child Development study found over 50% of abusers were known to the child.
- Encouragement to premature sexual activity- Lowering the age could encourage premature sexual activity without emotional maturity.
What has been the stand of the legislature and Judiciary on the issue?
Legislative consistency of opposing the lowering of age
Parliament has repeatedly rejected lowering the age of consent. Justice Verma Committee recommended 16 years, but Parliament raised it to 18 in 2013. 240th Parliamentary Standing Committee Report (2011) rejected recognising minor consent in POCSO.
Law Commission’s 283rd Report (2023) warned that lowering the age would make POCSO a “paper law” and undermine efforts against child marriage, prostitution, and trafficking.
Stand of the Judiciary
| High Court Perspectives | Delhi HC in State vs Hitesh, 2025, called for recognition of consensual adolescent relationships free from coercion. Bombay HC in Ashik Ramjaii Ansari, 2023, emphasised sexual autonomy as both the right to engage in consensual activity and the right to protection. Delhi HC in the Mohd. Rafayat Ali, took a strict statutory interpretative stance and reaffirmed that consent is legally irrelevant under POCSO if the victim is under 18. |
| Supreme Court | Overturned a Calcutta HC acquittal involving a 14-year-old. Reaffirmed that POCSO does not recognise consensual sex with minors. August 19, 2025, Justice B.V. Nagarathna observed that romantic relationships near the age of majority deserve differential consideration, noting the trauma caused when boys are jailed following parental POCSO complaints over elopement. |
What should be the Way forward?
While only Parliament can amend the age of consent, the SC must clarify inconsistencies between statutory law and High Court rulings to ensure uniform application.
Avoid blanket ban- Avoid a blanket reduction to 16, which risks diluting child protection.
Introduce ‘close-in-age’ exemptions- Introduce ‘close-in-age’ exemptions for 16–18-year-olds, within a 3–4 year age gap, with: mandatory judicial scrutiny to detect coercion or abuse and strong safeguards against exploitation.
Strengthening consent education- Strengthen education on consent, healthy relationships, and emotional resilience.
Accompany Legal reform by positive measures- Provide Comprehensive sex education, Accessible sexual and reproductive health services, Gender-sensitive law enforcement and Social support systems for adolescents, especially girls.
Conclusion
The core challenge is not merely deciding whether the age of consent should be 18 or 16, but how the law can differentiate consensual adolescent relationships from exploitative ones. A nuanced, calibrated reform—rather than an all-or-nothing approach—can protect children while preventing the unjust criminalisation of adolescents navigating consensual intimacy.
Source: The Hindu
